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MUNDELL v. GIBBS

70 Misc.2d 174 (1970)

Robert Mundell, in His Own Behalf and On Behalf of Other Employees Similarly Situated, and as President of the Marine Technicians' Guild at Gibbs & Cox, Inc., Petitioner, v. Frederic H. Gibbs, as President of Gibbs & Cox, Inc., et al., Respondents.

Supreme Court, Special Term, New York County.

November 10, 1970

Attorney(s) appearing for the Case

Guazzo, Silagi & Craner P. C. (Caesar C. Guazzo of counsel), for petitioner. Sullivan & Chomwell (John F. Cannon of counsel) for respondents.

ARNOLD L. FEIN, J.

Motions numbered 36 and 37 are considered and determined together in this CPLR article 77 proceeding, to determine disputes relative to an alleged express trust.

The petition alleges that Gibbs & Cox, Inc., and other respondents as administrators of the Gibbs & Cox, Inc., pension plan have not complied with certain provisions of the pension plan, which is incorporated by reference in a collective bargaining agreement...

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